Sub: Request to observe restrain for acting against the interest of the East Indian and Marathi Kolis

Sir,

This is inform you that, we represent and champion the cause of the East Indian Community. Being sons of the soil, the East Indians find themselves strangers in their own land. Many have lost their ancestral lands and homes as the Metropolis developed. The State Government sympathetically considered the recommendations of the State OBC Commission and has now included the East Indians in the State List of OBC’s.

It has been brought to our notice that the two cottages Belle View and Benar in Chimbai, Bandra( West ), Mumbai 400 050, apparently owned by you and your family are being developed, though the ownership of the said properties, we believe is yet to be transferred in your name. For the purposes of the development of the said properties you have barricaded the said two properties and a door opening has been made by you and your family towards seafront. In front of your aforesaid two properties, many of our East Indian and Koli brethren have been traditionally using and occupying the lands in front the said two cottages Belle View and Benar for several decades. The lands in front of the said properties are being used for the purposes of fish drying, net mending yards, traditional boat yards and the like etc. without any let and/or hindrances from anyone including predecessors in title of the said two cottages Belle View and Benar.

It has been further brought to our notice that, your bodyguards have been repeatedly threatening our East Indian and Koli brethren since it obstructs your sea view. In this connection, our brethren have already filed complaint against you with Bandra Police Station, Mumbai.

We hereby record that our East Indian and Koli brethren have been traditionally engaged in lawful occupation of fishing for several centuries now in the entire coastal stretches of Mumbai, and Chimbai is one of the traditional stronghold of East Indian and Koli Gaothan/Koliwada.

We wish to further inform you that under the amended CRZ Notification of 2011, the rights of the traditional coastal communities including fisherfolk, have been duly recognised by both Central and State Governments, so much so that even in the No Development Zone, certain activities have been permitted for local fishing communities such as fish drying yards, auction halls,net mending yards, traditional boat building yards, ice plant, ice crushing units, fishcuring facilities and the like;

Since admittedly the properties apparently owned by you fall in CRZ areas, there is a restriction on development. In fact, Form –I, prescribed under CRZ Notification ( see clause 3.5 ) seeking clearance for project attracting CRZ notification specifically states that “Any other causes, that would affect local communities, fisherfolk, their livelihood, dwelling units of traditional local communities etc.”has to be mentioned by the project proponent in his application seeking CRZ approval.

The said CRZ Notification of 2011, further states that Koliwada namely, fishing settlement areas as identified in the Development Plan of 1981 or relevant records of the Government of Maharashtra, shall be mapped and declared as CRZ-III, so that any development, including construction and reconstruction of dwelling units within these settlements shall be undertaken in accordance with applicable law as per local Town and Country Planning Regulations.

As per Development Control Regulations a Building has been defined as under

“Building ” means a structure, constructed with any materials whatsoever for any

(iv) any wall enclosing or intended to enclose any land or space, signs and

outdoor display structures;

We hereby state that since the aforesaid two buildings/bungalows have been covered by blue coloured tin sheets as boundary wall, it amounts construction of a building, for which prior permission of BMC is a must. Since you have erected the said building ( tin sheets erection ) without valid permission, you are liable to be proceeded under Section 351 of the MMC Act read with Sections 52/53 of MRTP Act.

Further, as per the Office Memorandum (OM) of December 12, 2012, issued by Ministry of Environment, Government of India, a copy of which is enclosed herewith, which describes the procedure to deal with the CRZ violations and the penal action for violations as per the law, i.e. Environment Protection Act, 1986.

Since you have constructed a building ( tin sheet erection) without obtaining prior approval under CRZ Notification of 2011, you have rendered yourself liable to be dealt under Sections 15/19 of the Environment Protection Act, 1986.

We are attaching herewith a copy of the photograph showing therein yourself having talks with our East Indian and Koli brethren concerning the subject matter in front the site.

In the circumstances, we hereby call upon you to observe restrain on your part, so as to not to trample upon the rights of our beloved East Indian and Koli brethren, who have been traditionally engaged in fishing activities for their livelihood.

We are marking a copy of this letter to the concerned authorities, with request to proceed against you in accordance with law.

We hope you will cooperate and will be role model for the present generation.

The local Bandra fishing community has recently filed three non-cognisable complaints against Salman Khan’s bodyguards alleging that they have been repeatedly threatened to vacate the area which is on Chimbai beach in Bandra West.

The Kolis, who possess two cottages, filed the FIR complaint at the Bandra station on Saturday.

However, in contrast to the Kolis allegations, the actor’s family has denied the charges and has claimed harassment by the fishing community.

In 2011, Salman Khan had bought two cottages Belle View and Benar; the East Indian and Maharashtrian Kolis, who dock their boats and fishing nets on Chimbai beach in front of those cottages, have claimed that the actor’s bodyguards demanded an unblocked view of the sea, since the actor was the new owner of the cottages.

The Kolis said that they filed two non-cognisable complaints on September 15, 2011 and another on May 5, 2012 with the Bandra police.

A third complaint was filed on December 30, 2012, in which they alleged the bodyguards burnt their materials.

The Kolis have also alleged that three women, Elizabeth, Melinda and her daughter Cynthia have been assaulted for interfering. On Saturday, the Kolis along with a few key members of the area met with Vishwas Nangre-Patil, Additional Commissioner of police, to file an FIR, in which he asked them to come on Tuesday after investigating the matter.

HINDUSTAN TIMES….6TH, MARCH, 2013

MUMBAI: Fishermen in Chimbai, Bandra, will be given police security until a detailed investigation report into their complaints of harassment by actor Salman Khan’s family and bodyguards is ready, said additional commissioner of police, western region, Vishwas Nangre Patil on Tuesday.

SATISH BATE/ HT The spot where Salman Khan has allegedly told fishermen not to keep their boats and nets, saying it disturbs his view of the sea. The actor’s bungalow is seen in the background.

The fishermen have said Khan bought two sea-facing cottages at Chimbai, Bandra (W), in 2011. They allege Khan and his bodyguards have been harassing them over the parking of fishing boats and nets near his property saying it disturbs his view of the sea. They allege the bodyguards abused women, beat them with sticks and threatened to send them to jail. Khan’s family has denied all allegations.

The fishermen said whenever they complained at the Bandra police station, non-cognisable complaints were filed, but the police refused to register an FIR.

Patil said, “We will investigate cases of burking [suppressing of facts in cases] by the Bandra police. They seem to have shirked responsibility and reduced the intensity of the crime.” A DCP level inquiry will be conducted and a report will be tabled within 15 days, he said.

Salim Khan, father of actor Salman Khan, said” “If we have done anything illegal, let the law take action. The issue is been exaggerated just because Salman is involved.”

“We will wait for 15 days to see if action is initiated against the family. Otherwise, our next plan of action is ready,” said Alphi D’Souza, member, Mumbai Gaothan Panchayat. Citizen groups supporting the fishermen have sent a legal notice to Khan.